9DSimplified conveyancing on realignment

### 9D Simplified conveyancing on realignment > *\[Section 9D Inserted by No. 101 of 1957, s. 5 \]* > > > (1)  Upon, or in anticipation of, the completion of action under [section 9C](#GS9C@EN) in respect of a length of a State highway or subsidiary road the Governor may, by proclamation in accordance with this section, bring the boundaries of adjacent and nearby lands into conformity with the new alignment. > > > (2)  Subject to the provisions of [subsections (3)](#GS9D@Gs3@EN) and [(4)](#GS9D@Gs4@EN) a proclamation may – > > > > > > (a) vest in the owner of specified land land of the Crown – > > > > > > > > > > (i) within either line of the highway; or > > > > > > > > > > > (ii) reserved or acquired for the highway and not within either line – > > > > > > > > subject to the highway, in the case of land within the new line; > > > > > > > (b) divest from its owner land within the new line of the highway and vest it in the Crown or without affecting its vesting declare it to be subject to the highway; and > > > > > > > (c) divest from its owner land severed by the new line of the highway and vest it in the owner of specified land. > > > (3)  An owner in whom land may be vested under [subsection (2)](#GS9D@Gs2@EN) shall be the owner of land adjoining the land so vested. > > > (4)  *\[Section 9D Subsection (4) amended by No. 35 of 1985, s. 25 and Sched. 1 \]*Land may be dealt with under [subsection (2)](#GS9D@Gs2@EN) [(c)](#GS9D@Gs2@Hpc@EN) only if the Director-General of Lands is of opinion that – > > > > > > (a) the severed land cannot reasonably be enjoyed in its severed condition by one owner not owning adjoining land; or > > > > > > > (b) while one of the severed portions is sufficient to be enjoyed independently of any other land the other portion (being that dealt with) cannot reasonably be enjoyed therewith. > > > (5)  *\[Section 9D Subsection (5) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*A proclamation under this section shall be registered – > > > > > > (a) if it affects any land not under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , as a deed in the Registry of Deeds; and > > > > > > > (b) if it affects any land under that Act, in the office of the Recorder of Titles as prescribed under that Act – > > > > and if required by this section to be registered in both places shall be so registered on the same day. > > > (6)  *\[Section 9D Subsection (6) amended by No. 35 of 1985, s. 25 and Sched. 1 \]*Upon the registration of a proclamation under this section it operates – > > > > > > (a) to vest in the Crown any land thereby expressed – > > > > > > > > > > (i) so to vest; or > > > > > > > > > > > (ii) to be divested from its owner – > > > > > > > > as if that land were then duly surrendered by the most effectual assurance by a person having full power so to do; > > > > > > > (b) to make subject to the highway any land thereby expressed to be subject as if then duly dedicated as a highway by a person having full power so to do and duly accepted for that purpose; and > > > > > > > (c) to vest in the owner of specified lands any land thereby expressed so to vest as if then duly granted by the Crown to that owner upon the same terms and conditions as the specified land is then held of the Crown to the intent that there will be no difference between his estate and interest in either piece of land. > > > (7)  *\[Section 9D Subsection (7) amended by No. 35 of 1985, s. 25 and Sched. 1 \]*Upon the registration of a proclamation under this section – > > > > > > (a) the Director-General of Lands shall note or amend the public records under his control in conformity with the proclamation; and > > > > > > > (b) the Recorder of Titles shall, if the proclamation is registered in his office, at the first opportunity – > > > > > > > > > > (i) amend documents of title kept or lodged with him; or > > > > > > > > > > > (ii) cancel such documents then existing and make, and in proper cases issue, new documents – > > > > > > > > in accordance with the proclamation or its consequences. > > > (8)  Where a proclamation under this section operates to diminish the extent of any lands the rights of mortgagees and other encumbrancers therein and of persons holding under the owner thereof continue otherwise unchanged in respect of the diminished extent subject to [subsection (12)](#GS9D@Gs12@EN) . > > > (9)  Where a proclamation under this section operates to add to the extent of any lands the rights of mortgagees and other encumbrancers therein and of persons holding under the owner thereof extend to the added lands subject to [subsections (10)](#GS9D@Gs10@EN) and [(12)](#GS9D@Gs12@EN) . > > > (10)  Where a proclamation under this section operates to convey a piece of land from one owner to another that piece remains subject to any easement or profit a prender affecting it unless the proclamation otherwise provides. > > > (11)  Notwithstanding any other provision of this section a proclamation thereunder may be expressed and operate to extend, diminish, or shift the incidence of, an easement and to provide for any interest in land not otherwise in this section provided for. > > > (12)  *\[Section 9D Subsection (12) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*A person whose estate or interest in land is destroyed or diminished by the operation of a proclamation under this section is entitled to compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) so far as his loss is not made up for by some benefit accruing to him under the proclamation. > > > (13)  The Minister may for a consideration in money or land agree that some benefit will be provided by a proclamation under this section. > > > (14)  An agreement under [subsection (13)](#GS9D@Gs13@EN) may be enforced – > > > > > > (a) by the Crown against the other party by action for the consideration; and > > > > > > > (b) by the other party against the Crown by action for damages for breach. > > > (15)  [*\[Section 9D Subsection (15) amended by No. 17 of 1996, Applied:10 Feb 2010\]*](/view/html/inforce/2010-02-10/act-1996-017#AT@EN) *\[Section 9D Subsection (15) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*Where land which might be dealt with under this section has been taken under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) , the Minister upon payment of reasonable interest may withhold compensation and stop proceedings in respect thereof for the purpose of dealing with or affecting the matter under this section, and [subsection (12)](#GS9D@Gs12@EN) will then apply to the compensation.